Sharief Din vs U. T. Of J&K And Others
2021 Latest Caselaw 844 j&K

                                                             Sr. No. 127



     HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                      AT JAMMU
                                                  WP(C) No. 1580/2021
                                                  CM No. 6197/2021

Sharief Din                                       .... Petitioner/Appellant(s)

                                 Through:-        Mr. Asheesh Singh
                                                  Kotwal, Advocate

                           V/s

U. T. of J&K and others                                    .....Respondent(s)

                                 Through:-        Mr. Sanchit Verma,
                                                  Advocate vice
                                                  Mr. Raman Sharma, AAG

CORAM : HON'BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

                                  ORDER

1. Petitioner submits that he has contracted nikah/marriage in

accordance with Muslim law with Rahina Bano on 10.04.2021. After the

solemnization of the nikah/marriage, the wife of the petitioner, namely,

Rahina Bano has joined the company of the petitioner and started living as

husband and wife, but respondent Nos. 3 to 12 had made their lives

miserable as both of them had contracted marriage against the wishes of

respondent Nos. 3 to 12.

2. Learned counsel for the petitioner refers to the decision of the

Supreme Court in Lata Singh v. State of U.P. and anr.; 2006 (5) SCC

475, and submits that in absence of there being any legal impediment, the

petitioner is entitled to marry according to his choice and the official

respondents are duty bound to protect the life and liberty of the petitioner .

3. Notice.

4. Mr. Sanchit Verma, Advocate appearing vice Mr. Raman

Sharma, learned AAG waives notice on behalf of the respondents.

5. List on 20.09.2021.

6. Meanwhile, subject to objections and till next date before the

Bench, respondent Nos. 2 & 3 shall not act in violation of the directions

contained in the judgment rendered in case titled Lata Singh v. State of

U.P. and anr.; 2006 (5) SCC 475, and shall ensure that nobody interferes

in their married life and adequate security be provided to them, if the

petitioner approaches them.

(Sindhu Sharma) Judge JAMMU 09.08.2021 Shivalee